“Minister” means the Minister of Health and Long-Term Care or such other member of the Executive Council to whom the administration of this Act may be assigned under the Executive Council Act. (“ministre”) 2001, c. 33, s. 1 (1); 2006, c. 4, s. 41 (1).

Interpretation

(2) Expressions used in this Act have the same meaning as in the Home Care and Community Services Act, 1994, unless the context requires otherwise. 2001, c. 33, s. 1 (2); 2007, c. 8, s. 200 (1).

2 (1) Each corporation designated as a community care access corporation immediately before subsection 41 (2) of the Local Health System Integration Act, 2006
came into force is continued and is a community care access corporation with the names that it had immediately before that time. 2006, c. 4, s. 41 (2).

(3) The Minister may, by regulation, revoke a regulation made under this section, as it read immediately before subsection 41 (2) of the Local Health System Integration Act, 2006
came into force. 2006, c. 4, s. 41 (2).

Establishment

(4) The Lieutenant Governor in Council may by regulation incorporate one or more corporations without share capital and a corporation incorporated under this subsection is a community care access corporation. 2006, c. 4, s. 41 (2).

3 Sections 50, 51, 53, 54 and 55, subsections 56 (2), (3), (4), (5) and (6) and section 57 of the Home Care and Community Services Act, 1994 do not apply with respect to a community care access corporation that has been approved under subsection 5 (1) of that Act. 2011, c. 1, Sched. 6, s. 1 (1).

(2) On the day subsection 41 (4) of the Local Health System Integration Act, 2006 comes into force, the members of a community care access corporation shall be the members of its board of directors who held office immediately before that day. 2006, c. 4, s. 41 (4).

(3) Repealed: 2006, c. 4, s. 41 (5).

Status

(4) A community care access corporation is not an agent of Her Majesty for any purpose despite the Crown Agency Act. 2001, c. 33, s. 4 (4).

Corporations Information Act

(5) The Corporations Information Act does not apply to a community care access corporation except if the regulations made under this Act specifically provide otherwise. 2006, c. 4, s. 41 (6).

Corporations Act

(5.1) The Corporations Act
does not apply to a community care access corporation except if this Act or the regulations made under it specifically provide otherwise. 2006, c. 4, s. 41 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5.1) is repealed. See: 2010, c. 15, ss. 219 (1), 249.

Exception

(5.2) The following provisions of the Corporations Act apply to a community care access corporation as if it were a corporation under that Act and references in those provisions to letters patent or supplementary letters patent shall be disregarded and references to the Act shall be read as references to the Corporations Act: sections 1, 120, 122 and 123, subsections 124 (1) and (2), sections 125 and 127, subsection 128 (1), section 129 except for clause (1) (e), sections 283, 285, 286, 287, 289, 290, subsection 291 (1), sections 292 to 310 and subsections 311 (1) and (2). 2006, c. 4, s. 41 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5.2) is repealed. See: 2010, c. 15, ss. 219 (1), 249.

Conflict of interest, indemnities and standard of care

(6) Section 132, subsection 134 (1) and section 136 of the Business Corporations Act apply to a community care access corporation and to the members of its board of directors with necessary modifications. 2001, c. 33, s. 4 (6).

6.1 (1) A person has the right to communicate in French with, and to receive available services in French from, a community care access corporation. 2011, c. 9, Sched. 6, s. 1.

Board to ensure

(2) The board of directors of a community care access corporation shall take all reasonable measures and make all reasonable plans to ensure that persons may exercise the right to use French given by this section. 2011, c. 9, Sched. 6, s. 1.

Limitation

(3) The right to use French given by this section is subject to the limits that are reasonable in the circumstances. 2011, c. 9, Sched. 6, s. 1.

Definition

(4) In this section,

“service” means any service or procedure that is provided to the public by a community care access corporation and includes all communications for the purpose. 2011, c. 9, Sched. 6, s. 1.

7 (1) The members of the board of directors of a community care access corporation who held office immediately before subsection 41 (9) of the Local Health System Integration Act, 2006 came into force continue to hold office until replaced. 2006, c. 4, s. 41 (9).

(2) Repealed: 2006, c. 4, s. 41 (9).

Expenses

(3) The members of a board of directors shall be reimbursed for their reasonable expenses incurred in performing their duties under this Act. 2001, c. 33, s. 7 (3).

(4) Repealed: 2006, c. 4, s. 41 (10).

Quorum

(5) A majority of members of the board of directors constitutes a quorum for meetings of the board. 2001, c. 33, s. 7 (5).

(2) A board may make by-laws and pass resolutions regulating its proceedings and generally for the conduct and management of the affairs of the community care access corporation. 2001, c. 33, s. 8 (2).

Officers

(3) Without limiting the generality of subsection (2), a board may pass by-laws or resolutions to appoint officers and assign to them such powers and duties as the board considers appropriate. 2001, c. 33, s. 8 (3).

Delegation

(4) A board may delegate any of its powers or duties under this Act to such person or persons as the board considers appropriate and may impose conditions and restrictions with respect to the delegation. 2001, c. 33, s. 8 (4).

10 (1) The board of directors of a community care access corporation shall appoint an Executive Director who shall be the chief executive officer responsible for the management and administration of the corporation, subject to the supervision and direction of the board. 2006, c. 4, s. 41 (15).

Not a director

(2) The Executive Director of a community care access corporation shall not be a member of the board of directors of any community care access corporation. 2006, c. 4, s. 41 (15).

Removal

(3) The board of directors of a community care access corporation may remove the Executive Director of the corporation. 2006, c. 4, s. 41 (15).

Transition

(4) The employment of the Executive Director of a community care access corporation who holds office immediately before subsection 41 (15) of the Local Health System Integration Act, 2006 comes into force is continued with the terms and conditions of employment that existed at that time. 2006, c. 4, s. 41 (15).

Remuneration

(5) Each community care access corporation shall fix the salary or other remuneration and the benefits, including rights relating to severance, termination, retirement and superannuation, of its Executive Director. 2006, c. 4, s. 41 (15).

Acting Executive Director

(6) The board of directors of a community care access corporation may, by by-law or resolution, appoint an employee of the corporation to act in the place of the Executive Director when the Executive Director is absent or refuses to act or the office of the Executive Director is vacant, and while so acting, the employee has all of the rights and powers and shall perform all of the duties of the Executive Director. 2006, c. 4, s. 41 (15).

11 (1) The Minister may issue directions on matters relating to the exercise of a community care access corporation’s rights and powers and the performance of its duties under this Act. 2001, c. 33, s. 11 (1).

12 (1) Each community care access corporation shall appoint one or more auditors licensed under the Public Accounting Act, 2004 to audit annually the accounts and financial transactions of the corporation. 2001, c. 33, s. 12 (1); 2004, c. 8, s. 46.

Auditor’s report

(2) Each community care access corporation shall give a copy of every auditor’s report for a fiscal year of the corporation to the Minister within six months after the end of that fiscal year, if that fiscal year ends before the day before the first anniversary of the day on which subsection 41 (16) of the Local Health System Integration Act, 2006 comes into force. 2006, c. 4, s. 41 (16).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (2) is repealed. See: 2001, c. 33, s. 23, as re-en. by 2006, c. 4, s. 41 (26).

13 (1) Each community care access corporation shall give an annual report on its affairs for the preceding fiscal year to the Minister within six months after the end of that fiscal year, if that fiscal year ends before the day before the first anniversary of the day on which subsection 41 (17) of the Local Health System Integration Act, 2006 comes into force. 2006, c. 4, s. 41 (17).

14 (1) The Minister may appoint a person as supervisor of a community care access corporation if the Minister considers it to be in the public interest to do so. 2001, c. 33, s. 14 (1).

Term of office

(2) The appointment of the supervisor is valid until terminated by the Minister. 2001, c. 33, s. 14 (2).

Powers of supervisor

(3) Unless the appointment provides otherwise, the supervisor has the exclusive right to exercise all of the rights and powers and to perform all of the duties of the community care access corporation, its board of directors and its Executive Director. 2001, c. 33, s. 14 (3).

Same

(4) The Minister may, in the appointment, specify the powers and duties of the supervisor and the terms and conditions governing those powers and duties. 2001, c. 33, s. 14 (4).

Additional powers

(5) If, under the appointment made by the Minister, the community care access corporation, its board of directors or its Executive Director continues to have any rights or powers or may continue to perform any duties during the term of the supervisor’s appointment, any exercise of such right or power and any performance of such duty by the corporation, the board of directors or the Executive Director during that time is valid only if approved by the supervisor in writing. 2001, c. 33, s. 14 (5).

Report to Minister

(6) The supervisor shall give the Minister such information and reports as the Minister may require. 2001, c. 33, s. 14 (6).

Minister’s directions

(7) The Minister may issue directions to the supervisor with regard to anything within the jurisdiction of the supervisor, and the supervisor shall carry them out. 2001, c. 33, s. 14 (7).

Organization of Corporations

Corporate changes

15 (1) Subject to the processes and requirements set out in section 15.1, the Lieutenant Governor in Council may, by regulation,

(a) amalgamate or dissolve one or more community care access corporations;

(b) divide a community care access corporation into two or more community care access corporations; or

(a) establish processes or requirements for dealing with the assets, including real and personal property, liabilities, rights and obligations of community care access corporations upon the amalgamation, dissolution or division of one or more community care access corporations under clause (1) (a) or (b);

(b) establish processes or requirements for transferring employees of community care access corporations upon the amalgamation, dissolution or division of one or more community care access corporations under clause (1) (a) or (b).

(c) Repealed: 2001, c. 33, s. 15 (8).

2001, c. 33, s. 15 (8); 2006, c. 4, s. 41 (19).

Transfer order

(3) Subject to the processes and requirements set out in this section, section 15.1 and the regulations made under this section, the Minister may, by order,

(a) transfer some or all of the assets, liabilities, rights and obligations of a community care access corporation to one or more other community care access corporations or another person or entity; or

(b) transfer some or all of the employees of a community care access corporation to one or more other community care access corporations. 2006, c. 4, s. 41 (19).

Contents of order

(4) An order made under subsection (3),

(a) shall specify a date on which the transfer of assets, liabilities, rights, obligations or employees, as the case may be, takes effect; and

(b) may specify that issues arising out of the interpretation of the order be resolved by the method specified in the order. 2006, c. 4, s. 41 (19).

Non-regulations

(5) An order made under subsection (3) is not a regulation as defined in Part III (Regulations) of the Legislation Act, 2006. 2001, c. 33, s. 15 (11); 2006, c. 4, s. 41 (19).

Notice of order

(6) The Minister shall provide each affected community care access corporation with a copy of the order. 2006, c. 4, s. 41 (19).

Same, duty of corporation

(7) Each community care access corporation that receives an order under subsection (6) shall,

(a) provide notice of the order to affected employees and their bargaining agents and to other persons or entities whose contracts are affected by the order; and

(b) make copies of the order available to the public. 2006, c. 4, s. 41 (19).

15.1 (1) Before the Lieutenant Governor in Council makes a regulation under subsection 15 (1) or the Minister makes an order under subsection 15 (3), the Minister shall notify the affected community care access corporations and may require them to jointly prepare and submit a report that contains proposals for one or more of the following:

1. The reorganization of the community care access corporations.

2. The transfer of assets, liabilities, rights and obligations of each corporation.

3. The transfer of employees. 2006, c. 4, s. 41 (19).

Indication of agreement

(2) If the affected community care access corporations under subsection (1) cannot agree on one or more of the proposals included in the report, the report shall indicate the proposals affected and the reasons why the corporations do not agree with the proposals. 2006, c. 4, s. 41 (19).

Minister’s directions

(3) The Minister may give directions to the community care access corporations on any matter related to the report, including requiring the corporations to further develop and resubmit the report, and may require the corporations to provide information to the Minister about any matter affected by the proposals. 2006, c. 4, s. 41 (19).

Form of report

(4) The report shall be in a form and contain the details that the Minister requires. 2006, c. 4, s. 41 (19).

Time for submission

(5) The community care access corporations shall submit the report within the time period that the Minister specifies. 2006, c. 4, s. 41 (19).

15.2 (1) After the expiry of the time period for community care access corporations to submit a report under section 15.1, the Lieutenant Governor in Council may make regulations under subsection 15 (1) and the Minister may make orders under subsection 15 (3). 2006, c. 4, s. 41 (19).

If report received

(2) If the Minister receives a report under section 15.1 within the required time,

(a) the regulations may implement, with the modifications that the Lieutenant Governor in Council considers necessary, the proposals for the reorganization of the corporations that are contained in the report; and

(b) the Minister’s orders may implement, with the modifications that the Minister considers necessary, the proposals for the transfer of assets, liabilities, rights, obligations and employees of the corporations that are contained in the report. 2006, c. 4, s. 41 (19).

15.3 (1) If a regulation made under subsection 15 (1) amalgamates two or more community care access corporations into one corporation, the following rules apply:

1. The amalgamating corporations are amalgamated and continue as one community care access corporation in accordance with the terms and conditions and under the name set out in the regulation.

2. The amalgamating corporations cease to exist as entities separate from the amalgamated corporation.

3. The amalgamated corporation stands in the place of the amalgamating corporations for all purposes and possesses all the assets, liabilities, rights and obligations of the amalgamating corporations.

4. A conviction against, or ruling, order or judgment in favour or against one of the amalgamating corporations may be enforced by or against the amalgamated corporation.

5. The amalgamated corporation shall be deemed to be the party plaintiff or the party defendant, as the case may be, in any civil action commenced by or against one of the amalgamating corporations before the amalgamation has become effective.

6. The Public Sector Labour Relations Transition Act, 1997
applies and for the purposes of the application of that Act,

16 If a regulation made under subsection 15 (1) dissolves a community care access corporation, the Minister shall, after the payment of all debts and liabilities of the corporation, transfer the remaining property of the corporation to one or more of the following in an order made under subsection 15 (3):

1. A
community care access corporation providing services in the same area as the dissolved corporation.

16.1 (1) If a Minister’s order made under clause 15 (3) (a) transfers to a transferee property that a community care access corporation holds for a charitable purpose, all gifts, trusts, bequests, devises and grants of property that form part of the property being transferred shall be deemed to be gifts, trusts, bequests, devises and grants of property to the transferee. 2006, c. 4, s. 41 (19).

Specified purpose

(2) If a will, deed or other document by which a gift, trust, bequest, devise or grant mentioned in subsection (1) is made indicates that the property being transferred is to be used for a specified purpose, the transferee shall use it for the specified purpose. 2006, c. 4, s. 41 (19).

Amalgamation

(3) If a regulation made under subsection 15 (1) amalgamates two or more community care access corporations into one corporation, all gifts, bequests, devises and grants of property that form part of the property that becomes the property of the amalgamated corporation shall be deemed to be gifts, trusts, devises and grants of property to the amalgamated corporation. 2006, c. 4, s. 41 (19).

Specified purpose

(4) If a will, deed or other document by which a gift, trust, bequest, devise or grant mentioned in subsection (3) is made indicates that the property that becomes the property of the amalgamated corporation is to be used for a specified purpose, the corporation shall use it for the specified purpose. 2006, c. 4, s. 41 (19).

Application

(5) Subsections (1) to (4) apply whether the will, deed or document by which the gift, trust, bequest, devise or grant is made, is made before or after this section comes into force. 2006, c. 4, s. 41 (19).

16.2 (1) Despite any other Act and subject to subsection (3), a community care access corporation is not entitled to any compensation for any loss or damages, including loss of revenue or loss of profit, arising from any direct or indirect action that the Minister takes under this Act, including under a Minister’s order made under subsection 15 (3). 2006, c. 4, s. 41 (19).

Same, transfer of property

(2) Despite any other Act and subject to subsection (3), no person or entity, including a community care access corporation, is entitled to compensation for any loss or damages, including loss of use, loss of revenue and loss of profit, arising from the transfer of property under a Minister’s order made under subsection 15 (3). 2006, c. 4, s. 41 (19).

Exception

(3) If a Minister’s order made under subsection 15 (3) directs a community care access corporation to transfer property to a community care access corporation or another person or entity or to receive property from a community care access corporation, a person who suffers a loss resulting from the transfer is entitled to compensation as prescribed in respect of the portion of the loss that relates to the portion of the value of the property that was not acquired with money from the Government of Ontario or an agency of the Government, whether or not it is a Crown agent. 2006, c. 4, s. 41 (19).

No expropriation

(4) Nothing in this Act and nothing done or not done in accordance with this Act constitutes an expropriation or injurious affection for the purposes of the Expropriations Act
or otherwise at law. 2006, c. 4, s. 41 (19).

17 If a Minister’s order made under clause 15 (3) (b) transfers some or all of the employees of a community care access corporation to one or more other community care access corporations, the following rules apply:

1. The Public Sector Labour Relations Transition Act, 1997 applies to the transfer and for the purposes of the application of that Act,

i. the community care access corporation that employees are transferred from is the predecessor employer,

ii. a community care access corporation that employees are transferred to is a successor employer, and

iii. the date specified in the order for the transfer is the changeover date.

2. Without limiting the application of the Public Sector Labour Relations Transition Act, 1997 under paragraph 1,

i. the employment contract and the terms and conditions of employment and the rights and benefits of employment of an employee who is transferred together with the employment obligations of the employee are assumed by and continued with the community care access corporation to which the employee is transferred, and

ii. the employment of a person with a community care access corporation that he or she is being transferred from shall not be considered to have been terminated by the transfer for any purpose. 2006, c. 4, s. 41 (19).

19 (1) The Minister may authorize, in writing, any person or persons to exercise any of the Minister’s powers or perform any of his or her duties under this Act, subject to such conditions and restrictions as the Minister may impose. 2001, c. 33, s. 19 (1).

Effect of delegation

(2) Despite section 6 of the Executive Council Act, a deed or contract signed by a person authorized to do so under subsection (1) has the same effect as if it were signed by the Minister. 2001, c. 33, s. 19 (2).

Protection from liability

20 (1) No proceeding shall be commenced against the Crown or the Minister with respect to the appointment of a supervisor under section 14. 2001, c. 33, s. 20 (1).

Same

(2) No proceeding shall be commenced against the Crown, the Minister or a person appointed as supervisor under section 14 for any act that is in good faith done or omitted in the performance or intended performance of the supervisor’s duties under this Act. 2001, c. 33, s. 20 (2).

Liability of the Crown

(3) Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, this section does not relieve the Crown of a liability to which the Crown would otherwise be subject in respect of a tort. 2001, c. 33, s. 20 (3).

Review of Act

21 The Minister shall undertake a comprehensive review of this Act five years after it comes into force. 2001, c. 33, s. 21.

Regulations

22 (0.1) The Lieutenant Governor in Council may make regulations,

(a) prescribing objects for the purpose of paragraph 6 of section 5;

(a.1) respecting matters that relate to or arise as a result of a transfer of assets, liabilities, rights and obligations of a community care access corporation under a Minister’s order made under clause 15 (3) (a), including matters related to present and future assets, liabilities, rights and obligations;

(b) governing compensation payable under subsection 16.2 (3), including who pays the compensation, the amount payable, how the loss for which compensation is payable is to be determined and how the portion of the value of the property that was not acquired with money from the Government of Ontario or an agency of the Government is to be determined. 2006, c. 4, s. 41 (23); 2007, c. 10, Sched. J, s. 1.

Same

(1) The Minister may make regulations,

(a) prescribing those things that are required or permitted to be prescribed, specified or done by regulation other than the things that the Lieutenant Governor in Council may prescribe by regulation under subsection (0.1);

(b) prescribing, for the purposes of subsection 4 (5) or (5.1), provisions of the Corporations Information Act
or the Corporations Act, as the case may be, that apply to a community care access corporation and the modifications with which those provisions are to so apply.

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is repealed and the following substituted:

(b) prescribing, for the purposes of subsection 4 (5), provisions of the Corporations Information Act
that apply to a community care access corporation and the modifications with which those provisions are to so apply;

(c) prescribing provisions of the Not-for-Profit Corporations Act, 2010 that do not apply to a community care access corporation.

See: 2010, c. 15, ss. 219 (2), 249.

(c) Repealed: 2006, c. 4, s. 41 (25).

2001, c. 33, s. 22 (1); 2006, c. 4, s. 41 (24, 25).

Scope of regulations

(2) A regulation may be general or specific in its application. 2001, c. 33, s. 22 (2).